Martin Sebastian v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **MONDAY, THE 28[TH] DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944 BAIL APPL. NO. 1148 OF 2022** **Crime No.312/2021 of Crime Branch Police Station, Central Unit-III, Kozhikode** ## **PETITIONER/ACCUSED :** MARTIN SEBASTIAN AGED 57 YEARS MATTAMMEL HOUSE, CITADEL C.NAGAR, NADATHARA,THRISSUR PIN - 680751 BY ADVS.ALBIN A. JOSEPH HARITHA RAJU VARGHESE C.KURIAKOSE SUSANTH SHAJI, AMRITHA.J ## **RESPONDENT/STATE:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 THE SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH KOZHIKODE, PIN - 673661 3 THE DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH CENTRAL UNIT III KOZHIKODE, PIN - 673661 *ADDL.4 SIDDIQUE MEETHALAKATH RAYYAN"HOUSE, KAYATHROAD, THALASSERRY,KANNUR, NOW RESIDING AT HOUSE NO 25, LIYAS (H), JUSTICE K K MATHEW ROAD, SRM ROAD, PACHALAM, ERNAKULAM (*IMPLEADED AS PER ORDER DATED 17.08.2022 IN CRL.M.A. NO.1/2022) BY ADV SAIBY JOSE KIDANGOOR B.A. No.1148 of 2022 : 2 : ## **OTHER PRESENT:** PP – SMT. NIMA JACOB **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A. No.1148 of 2022 : 3 : ## **VIJU ABRAHAM, J.** - - - - - - - - - - - - - - - - - - - - - - - - - - **B.A. No.1148 of 2022** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28[th] day of November, 2022 ## **ORDER** This is an application for anticipatory bail. 2. The petitioner is accused No.1 in Crime No.312/2021 of Crime Branch Police Station, Central Unit-III, Kozhikode, alleging commission of offences punishable under Sections 403, 406, 420 and 120-B r/w Section 34 of the Indian Penal Code. 3. On an earlier occasion, apprehending arrest, the petitioner has approached this Court, by filing B. A. No.9099/2021 and the said bail application was closed recording the submission of the learned Public Prosecutor that no crime has been registered against the petitioner from the office of the 3[rd] respondent and also issuing a direction that, in case the 3[rd] respondent wants to proceed against the petitioner, notice under Section 41A of Cr. PC has to be issued. 4. The case of the petitioner is that Crime No.312/2021 has been registered much before the issuance of A4 order, ie., on 24.11.2021. Going by the First Information Statement, the offence is alleged to have been committed in between the dates 16.12.2005 B.A. No.1148 of 2022 : 4 : and 05.01.2017. The petitioner submits that the present crime has been registered only due to the political influence of the defacto complainant. To substantiate the same, the petitioner contended that the crime has been presently registered by the Crime Branch Police Station in Kozhikode. No part of the occurrence has taken place in Kozhikode District and in what manner the Kozhikode Crime Branch office gets jurisdiction to investigate the said crime, is also not revealed by the investigating agency. The specific case of the petitioner is that these are all matters that could be borne out from the records and his custodial interrogation may not be required for the purpose of investigation. It is also submitted by the learned counsel for the petitioner that the petitioner has undergone angioplasty in the year 2015 and he is suffering from various ailments. It is further submitted that on earlier occasion, the petitioner has appeared before the investigating agency, five times. 5. The defacto complainant entered appearance through counsel and opposed the application for bail mainly contending that they have been defrauded and the properties worth Crores of rupees have been sold and the sales proceed had been appropriated by the petitioner. The defacto complainant submits B.A. No.1148 of 2022 : 5 : that he entered into a partnership deed with accused Nos. 1 and 2 for carrying out the business of acquiring, developing and selling real estate property. The firm acquired considerable extent of property. Later, the 1[st] accused(the petitioner herein) has deliberately started concealing affairs relating to the firm from other partners, and started running the firm as if he is the sole proprietor and he committed various financial improprieties and embesealments by taking undue advantage of his position as the managing director of the firm and the same was done without the knowledge and consent of the defacto complainant. 6. The learned Public Prosecutor opposed the application for bail mainly contending that huge amount is involved in this case and that without the knowledge of the other partners, the property of the firm has been sold by the petitioner. 7. When the matter came up on earlier occasion, by order dated 28.10.2022, this Court has specifically directed that the petitioner shall appear before the investigating officer on 03.11.2022 and shall make himself available for interrogation on that day or any other day/days as directed by the investigating officer. The learned Public Prosecutor upon instructions submitted that the petitioner had appeared before the investigating officer B.A. No.1148 of 2022 : 6 : and he was thoroughly interrogated. 8. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am of the opinion that custodial interrogation of the petitioner may not be required for the purpose of investigation and only a limited custody be granted for the said purpose. Therefore, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 12.12.2022, at 11 a.m, and subject himself for interrogation on that day and on any other day/days as directed by the investigating officer. The petitioner shall co-operate with the investigation. In the event of arrest in Crime No.312/2021 of Crime Branch Police Station, Central Unit-III, Kozhikode, he shall be produced before the jurisdictional Court on the very same day and shall be released on bail, subject to the following conditions:- (i) Petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ; (ii) The petitioner shall appear before the investigating officer in Crime No.312/2021 of Crime B.A. No.1148 of 2022 : 7 : Branch Police Station, Central Unit-III, Kozhikode, on every Saturday, at 11 am, until the filing of the final report; (iii) Petitioner shall appear before the investigating officer in Crime No.312/2021 of Crime Branch Police Station, Central Unit-III, Kozhikode as and when summoned to do so; (iv) The petitioner shall not attempt to contact the _defacto_ complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.312/2021 of Crime Branch Police Station, Central Unit-III, Kozhikode; (v) The petitioner shall not involve in any other crime while on bail; (vi) The petitioner shall not leave the State without obtaining permission from the Jurisdictional Court. If any of the aforesaid conditions are violated, the investigating officer in Crime No.312/2021 of Crime Branch Police Station, Central Unit-III, Kozhikode may file an application before the jurisdictional Court, for cancellation of bail. It is made clear that it is within the power of the police to B.A. No.1148 of 2022 : 8 : investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in **Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663)** Sd/- **VIJU ABRAHAM JUDGE** sm/